Petitioner seeking bail in narcotics case carrying 15kg ganja. Court granted bail on Rs 5,000 bond with sureties subject to strict conditions regarding address, representation, and no pending similar cases.
Petitioner released on bail on bond of Rs 5,000 with two sureties subject to conditions ensuring compliance, monitoring, and trial attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11122 of 2013
====================================================== Jagdish Sah, S/O Late Budhan Sah, Resident Of Village- Parsa Narayan Uttarbari Tola, Police Station Majhaulia, District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Narcotic Control Bureau Government of India, New Delhi. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Khatim Reza, Adv. For the State : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
2 23-04-2013 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act.
Considering that at best it can be said that the Petitioner was carrying 15 Kg. of Ganja which is below the commercial quantity and he has fair antecedents and also he is in custody since 19.9.2012, let the Petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Special Judge-cum-1st Additional Sessions Judge, Bettiah (West Champaran), in connection with Majhaulia P.S. Case No. 319 of 2012 subject to the following conditions: (i) That one of the
Patna High Court Cr.Misc. No.11122 of 2013 (2) dt.23-04-2013 2/2
bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other shall be the brother-in-law (Sala) of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Anjana Prakash, J)
S.Ali
2 issues framed by the court
Whether the petitioner should be granted bail in a case under Sections 20 and 22 of the N.D.P.S. Act.
What conditions should be imposed on the granting of bail.
1 provisions across 1 enactments
Jagdish Sah
State of Bihar
Narcotic Control Bureau
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
